Legal Commentary: The uncertainty here arises due to the interaction between a vulnerable product and a malicious actor. [1]} argue that as long as there is non-zero test error, adversarial examples will exist. If a drone vendor used a state of the art image recognition system (which is likely to have non-zero test error), was the manufacturer negligent? Software vendors have generally not been held liable for traditional software attacks under theories of product liability. Yet the novel nature and expanded scope of harms presented by ML products may pose new risks for this type of liability.
